Section 1546.2 Of Chapter 3.6. Electronic Communications Privacy Act From California Penal Code >> Title 12. >> Part 2. >> Chapter 3.6.
1546.2
. (a) Except as otherwise provided in this section, any
government entity that executes a warrant, or obtains electronic
information in an emergency pursuant to Section 1546.1, shall serve
upon, or deliver to by registered or first-class mail, electronic
mail, or other means reasonably calculated to be effective, the
identified targets of the warrant or emergency request, a notice that
informs the recipient that information about the recipient has been
compelled or requested, and states with reasonable specificity the
nature of the government investigation under which the information is
sought. The notice shall include a copy of the warrant or a written
statement setting forth facts giving rise to the emergency. The
notice shall be provided contemporaneously with the execution of a
warrant, or, in the case of an emergency, within three days after
obtaining the electronic information.
(b) (1) When a warrant is sought or electronic information is
obtained in an emergency under Section 1546.1, the government entity
may submit a request supported by a sworn affidavit for an order
delaying notification and prohibiting any party providing information
from notifying any other party that information has been sought. The
court shall issue the order if the court determines that there is
reason to believe that notification may have an adverse result, but
only for the period of time that the court finds there is reason to
believe that the notification may have that adverse result, and not
to exceed 90 days.
(2) The court may grant extensions of the delay of up to 90 days
each on the same grounds as provided in paragraph (1).
(3) Upon expiration of the period of delay of the notification,
the government entity shall serve upon, or deliver to by registered
or first-class mail, electronic mail, or other means reasonably
calculated to be effective as specified by the court issuing the
order authorizing delayed notification, the identified targets of the
warrant, a document that includes the information described in
subdivision (a), a copy of all electronic information obtained or a
summary of that information, including, at a minimum, the number and
types of records disclosed, the date and time when the earliest and
latest records were created, and a statement of the grounds for the
court's determination to grant a delay in notifying the individual.
(c) If there is no identified target of a warrant or emergency
request at the time of its issuance, the government entity shall
submit to the Department of Justice within three days of the
execution of the warrant or issuance of the request all of the
information required in subdivision (a). If an order delaying notice
is obtained pursuant to subdivision (b), the government entity shall
submit to the department upon the expiration of the period of delay
of the notification all of the information required in paragraph (3)
of subdivision (b). The department shall publish all those reports on
its Internet Web site within 90 days of receipt. The department may
redact names or other personal identifying information from the
reports.
(d) Except as otherwise provided in this section, nothing in this
chapter shall prohibit or limit a service provider or any other party
from disclosing information about any request or demand for
electronic information.